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When to get an attorney
#1
I am in WV. Brickstreet is handling my case. I was injured in a coal truck flipping over due to bad brakes. I was injured in march. Began to recieve my WC check soon after. My ortho seems to think there is nothing they can do for the damage to my lower back and left leg. My psych doc says he would not be comfortable putting me back on a mine sight or driving due to the PTSD. I have an FCE this month. At what point should I get an attorney?

Brick street is pushing the docs to put me to work and have started denying me my meds. I am unable to walk without a cane how do they think I can go back to truck driving. My employer has already sent word to me if I comeback they will find something to fire me for.

Is getting an attorney going to complicate things or will it be better for me.

Thanks
 
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#2
when you need to take a dispute to the comp court or you want professional advice on settlement value & options.

only you can judge how bad things are and if litigation will offer an improvement.
be aware that time frames lengthen considerably when litigation is involved--solutions and activity slows way down.

your atty likely will not be available to educate you on the comp/court system or communicate much.
they won't offer much advice on your medical situation or other quality of life issues. they are primarily there to file and handle court procedures and work on settlements.
read more posts from others that have litigated cases.
workers comp is a legal specialty--not just any atty can handle it well.

look into SSDI if you are/will be off work a year.
you will have to return to some type of work as partial disability will never be enough to live on. sounds like you and your doctors need to request vocational rehabilitation assistance.

read up on West Virginia work comp process and benefits:
http://www.wvinsurance.gov/ooj/OfficeofJ...tions.aspx
http://www.wvinsurance.gov/ooj/OfficeofJ...claim.aspx


does not sound like the carrier has obtained any contrary medical opinions or disputed your medical findings but you may need better medical opinions --- as "being uncomfortable" with you driving will not be a sufficient work restriction to establish disability.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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